2005 (12) TMI 479 - AT - Central Excise

Summary

Issues:
1. Whether credit of input duty on LDO lying in stock unused on 1-3-2003 should be reverted due to withdrawal of Modvat credit on LDO from that date.

Analysis:
The issue in this appeal revolved around the question of whether the credit of input duty on LDO, which was in stock but unused on a specific date, should be reversed following the withdrawal of Modvat credit on LDO from that date. The lower appellate authority had allowed the credit based on the decision of the Hon'ble Karnataka High Court in the case of M/s. Grasim Industries. However, the applicant Commissioner contended that a contrary decision by the Allahabad High Court in the case of M/s. Super Casettes Industries and the Apex Court decision in the case of Samtel India Ltd. supported the reversal of credit only when inputs are utilized in the manufacture of finished goods.

Upon thorough consideration, the Tribunal acknowledged the merit in the applicant Commissioner's argument that credit concerning inputs lying in stock and not yet utilized in manufacturing should be reversed upon de-notification under the Modvat scheme. However, despite recognizing this point, the Tribunal could not allow the applicant Commissioner's appeal due to the conflicting decision of the Hon'ble Karnataka High Court in the case of Grasim Industries Ltd., which had been upheld by the Supreme Court and subsequently implemented through a circular issued by the department. The circular directed the adjudication of pending cases in alignment with the Supreme Court decision, thereby rendering the applicant Commissioner's appeal untenable.

In conclusion, the Tribunal rejected the department's appeal based on the prevailing legal precedents and the circular issued by the department in response to the Supreme Court decision, which mandated the reversal of credit for inputs not yet utilized in manufacturing upon de-notification under the Modvat scheme.